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HomeMy WebLinkAboutContracts & Agreements_80-2003_CCv0001.pdf AGREEMENT TO FURNISH SUPPLEMENTAL ENGINEERING SERVICES FOR THE NORTH ORANGE STREET WELLFIELD This Agreement is made and entered into this 6th day of May 2003 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Black & Veatch Corporation, (hereinafter"Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for supplemental engineering services associated with the North Orange Street Wellfield Project(Project). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional Consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws, and Americans with Disabilities Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property or rights-of-way as required by Consultant to perforin the Services. 3.3 City designates Lonny Yonne, as Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD May 6, 2003 Page 2 ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment "B", entitled "Project Schedule". ARTICLE 5 PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of $11,900. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment "D", entitled "Rate Schedule". 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the services, ing indirect costs, and the detailed hall be made within 30 dt of all Services, a s after receipt and approval Payments by City to Consultant s of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: city Consultant Lonny Young Black & Veatch Corporation Municipal Utilities Department 6 Venture, Suite 315 35 Cajon Street, Suite 15A Irvine, CA 92618-3317 P. O. Box 3005 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD May 6, 200') Page 3 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary. All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. All insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City. 6.2 Worker's Compensation�and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against City, its officers, employees and volunteers for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000.000) aggregate for public liability, property damage and personal injury is required. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of 1 million ($1,000,000) per occurrence, combined AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD May 6, 2003 Page 4 single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars($1,000,000}per claim made. 6.6 Hold Harmless. and Indemnification. Contractor shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with Contractor's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. 6.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are: AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD May 6, 2003 Page 5 Project Manager: Steve Foellmi Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant and any copyright interest in said above-described documents, pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by the City,without cause,by providing ten(10) days prior written notice to the Consultant (delivered by certified mail, return receipt requested)of intent to terminate. 7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.9 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. r AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD PIPELINE May 6, 2003 Page 6 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Black & Veatch Corporation ("City") ("Consultant") By: By: Wx KARL N. (KASEY) HAWS 1P Mayor Title: to ATTEST: Lorre Poyzer C47'Clerk, City of Redlands ATTACHMENT A SUPPLEMENTAL ENGINEERING SERVICES FOR THE NORTH ORANGE WELLFIELD PUMP AND EQUIPMENT INSTALLATION PROJECT Task F. Temporary Well Pumping Facilities Contact equipment manufacturers and establish the design basis requirements for the temporary well pumping equipment including temporary power facilities. Findings will be summarized and included in the technical specifications. Task G. Wellhead Design Revision The overall project site plan and the enlarged site plan for each wellhead will be revised per the City's request to reroute the well discharge and drain piping such that the pipelines are directed toward Orange Street. Each well site will also be relocated, at the request of the City, to minimize the amount of property acquisition that will be required. Task H. SCE Power Delivery Incentive Coordination Identify and evaluate the availability and applicability of incentives associated with the use of high efficiency pump motors at each of the well sites. Coordination meetings with representatives from both SCE and the City will be conducted. Black & Veatch will absorb the additional costs associated with the increased level of effort associated with this task. As such, no additional fee is required. Task I. Other Engineering Services Additional engineering services have been provided to the City throughout the course of the project in an effort to respond and incorporate City requested preferences, requirements, and comments. Black & Veatch will absorb the additional engineering costs associated with the increased level of effort associated with this task. As such, no additional fee is required. A-1 ATTACHMENT B SCHEDULE Notice to Proceed(Estimated) May 6,2003 Submit 100 Percent Construction Contract Documents May 31, 2003 B-1 ATTACHMENT C LEVEL OF EFFORT The level of engineering effort and cost associated with each of the proposed tasks is summarized in the following table. Table I Summary of Engineering Effort and Cost North Orange Wellfield Pump and Equipment Installation Project Hours Labor Dire Total Task Number and Description Expenses Cost I Pu $6,700 F Temporary Well Pumping Facilities 54 $6100 $600 rr W I Sig 46 $4,700 $500 $5,200 RGWellhead Number Revision Description Dir Expenses Direct ses Facilities $ 00 'aci Iritie $6 00 5 SCE Power Delivery incentive $0 H 22 $0 $0 $0 Coordination -- I Other Engineering Services 60 W$0 $0 $0 &A Aft^ Total 182 $110,800 $1,100 C-1 ATTACHMENT D BLACK & VEATCH RATESCHEDULE family/level rate(l) Principal-in-Charge 16/10 - 16/30 160 - 175 Senior Project Manager 08/06 145 - 160 Senior Staff Specialist 08/05 - 0806 1315 - 150 Project Manager 08/05 130 - 150 Project Engineer 08/031 - 08/05 110 - 145 Senior Engineer 08/04 - 08/05 105 - 130 Engineer 08/01 - 08/03 80 - 115 Architect 07/01 - 07/03 80 - 115 Cost Estimator 04/03 - 04/05 95 Scheduler 04/03 - 04/05 95 Technician 12/06 90 CADD Manager 03/07 90 CADD Operator 03/03- 033/06 65 - 80 Clerical 02/06 - 02/08 60 - 75 Notes: (1)Rates exclude reproduction,computer expense,travel and other expenses associated with performing the work. (2)Direct expenses,including subconsultants,are at cost plus 10% (3)A$8.75 per hour surcharge is applied to cover computer charges, long-distance telephone,car milage for company owned vehicles,postage and minor reproduction charges. D-1